Which is the crime of fraud in criminal law?

The crime of fraud is Article 266 of the Criminal Law of People's Republic of China (PRC). As long as the amount of fraud reaches 3000 yuan, it constitutes fraud. If the amount of fraud is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined.

What are the circumstances in which fraud is severely punished?

1, publishing false information through text messages, phone calls, or through the Internet, radio and television, newspapers and magazines. , fraud is not specific to most people;

2, defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials;

3. Fraud in the name of disaster relief fundraising;

4. defrauding the disabled, the elderly or the disabled;

5. Causing the victim to commit suicide, mental disorder or other serious consequences.

What is the difference between fraud and fraud?

1, the objective factors are different. The former is objectively manifested in the use of fraud to defraud a large amount of public and private property; The latter objectively contains two basic conditions, that is, the actor has the behavior of impersonating the staff of state organs, and the actor must have the behavior of swindling.

2. Different means. The former is not limited in means, and can be carried out by any means such as fictional facts or concealing the truth to defraud the victim's trust; The latter means is limited to posing as the identity or title of the staff of state organs.

3. The perpetrator commits crimes for different purposes. The criminal purpose of the former bank is to illegally possess public and private property; The purpose of the latter actor is to pursue illegal interests, and its content is much wider than the crime of fraud.

4. Whether there is a limit on the amount of crime is different. The former requires that only the amount of fraud is large; The latter does not constitute a requirement for the amount of defrauded property.

What are the constitutive elements of fraud?

1, object elements, the object of fraud is the ownership of public and private property; The object of the crime of fraud is limited to the property of the state, the collective or the individual, and no other illegal interests may be defrauded;

2. The crime of fraud is objectively manifested in the use of fraud to defraud a large number of public and private property;

3. Subject elements: the subject of the crime of fraud is a general subject, and any natural person who reaches the legal age of criminal responsibility and has criminal responsibility ability can constitute the crime of fraud;

4. Subjective elements: the crime of fraud is subjective and intentional, with the purpose of illegally occupying public and private property.

Legal basis:

Article 266 of the Criminal Law of People's Republic of China (PRC)

If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.